By 
Do you live in Washington State and you suffered injuries due to someone’s recklessness? Legally, you’re entitled to compensation for the damages you suffered. You can pursue a personal injury claim with an insurer or via a personal injury lawsuit. It is recommended to seek the help of a reliable Tacoma car accident attorney who can answer all your questions, represent you in court, and fight for your rights. Here’s what you should know about filing a personal injury lawsuit.
The Statute of Limitations
As is the case with all other states across the country, Washington State has set a time limit within which a victim of an accident can file a personal injury lawsuit in a civil court. Failure to bring your claim within this period means that you’re permanently barred from seeking any form of compensation for the damages you suffered.
The statute of limitations in Washington is three years. Note that your clock begins ticking on the day you got involved in an accident and suffered injuries. And it is critical to act as soon as possible before your three-year window to seek damages closes.
The Concept of Comparative Fault
Probably the individual seeking compensation was partially to blame for the accident. According to the Washington State laws, the fact that the plaintiff shares a certain percentage of the blame doesn’t close their claim. Rather, a pure comparative negligence strategy will be applied. That means the overall compensation amount will be reduced by the fraction of blame contributed by the plaintiff.
Remember, if your personal injury case makes its way through trial, the jury will apply this rule. In case you choose to settle, don’t be surprised when an adjuster raises the shared fault issue and decides to apply the comparative fault rules.
Strict Liability
In most states, people who own dogs are protected from injury liabilities, particularly if it’s the first time their dog attacked someone and there was no reason to believe that the animal was dangerous. This is known as the one-bite rule. However, Wash. Rev. Code Ann. § 16.08.040 (in Washington) reveals that the dog owner is held strictly liable. That means no matter the dog’s behavior, the owner is held responsible for the injuries caused by the animal.
There Are No Damage Caps
Sure, most states have a limit regarding the amount a victim of an accident can be awarded for specific types of harm. Under Washington State laws, there are no such limits. Indeed, such limits are viewed unconstitutional.
Liability of Government Entity
In case you’re filing a claim against the state or local government employee, agency, or any other entity, you must follow some special limitations and laws. For example, you must file what’s referred to as a formal notice of a claim with the municipality involved within a period of three years. Failure to do so will discredit your claim. There are other laws to be followed, and it helps to have an attorney who understands them.
Comments